College Park murder trial set for April

The trial of College Park murder suspect Caryn Kelley has been rescheduled for April following a hearing on the case today.

Senior Judge O.H. Eaton, who has taken over the case from another judge, heard a series of defense motions today related to evidence and testimony that may be heard by jurors at trial.

Kelley was in court today. She is charged in the shooting death of her boyfriend Phillip Peatross, 46, at Kelley's home on Smith Street. She was granted $100,000 bond while awaiting trial. The shooting occurred in late July.

Her attorney, Diana Tennis, succeeded in getting FDLE documents turned over that she says indicate Peatross had more gunshot residue on his hands than Kelley.

Following the hearing, Tennis said the FDLE analysis does not necessarily mean an expert will get up and say the weapon had to be in Peatross' hands at the time it went off. However, she added, "Certainly it's interesting, and I want the jury to know about it."

"It's the kind of thing that means his hands were near that gun when it went off, or on it," Tennis said.

Today's hearing was also an opportunity for Eaton to get familiar with some of the issues that may come up in the case. Ultimately, Tennis said, Eaton will have to decide how much about the character of Kelley and Peatross will be allowed in at trial and how much of their relationship will be dissected.

"This is the kind of trial that can turn into a big fat mess," Tennis said, adding that emotions are high on both sides and the court will have to sift through what is relevant and what is "smack talking."

Right now the case is set to go to trial during a period starting April 9. The trial was originally planned to start at the end of January or the beginning of Februrary. Tennis told Eaton she expects the trial to last two weeks.

Before the trial, Eaton will consider other evidence – and what will be allowed at trial – including details from Peatross' phone records and hours of video showing Kelley after her arrest.

Another issue Tennis would like to bring out at trial concerns some history involving Peatross.

The prosecution, Tennis said, has filed a motion to block the defense "from talking about Mr. Peatross having been Baker Acted by his estranged wife after a break-up when she was fearful that he would hurt himself…I happen to believe that's relevant."

The Baker Act issue was not decided today, but will be taken up again before the trial.

Very soon after the shooting, Kelley told an emergency dispatcher that "it was a self-defense thing," according to a police report, " ...but it was an accident."

Following her arrest, she said, "I didn't shoot him. He took the gun and shot himself."

Tennis said today, "There's going to be a big issue about this fine line between accidentally hurting yourself, meaningfully hurting yourself, threatening to do something to yourself, and having a trigger pulled accidentally."

Kelley herself left the courtroom today in silence followed by several supporters.

"They all know she never in a million years would have intentionally hurt this man that she adored," Tennis said.